in that situation, a gay couple who is legally married in boston, cannot file a joint tax return. they cannot get benefits under social security for their spouse like another merit couple would. a series of lawsuits have been filed a federal appeals court in boston and new york ruled tartabull law is unconstitutional. it denies gays and lesbians equal protection under the law. they are legally married. the court said they deserve the same legal rights. the obama administration would not defend that law. the house republicans appointed john clement. many of those cases are under appeal and they will surely decide one of those cases this spring host: is there one more likely than the other? guest: that is an inside baseball question. the problem that arose is that elena kagan was the solicitor general when some of those cases were beginning and she mentioned at her confirmation hearings that she had participated in discussions about one of the cases. i think what the court wants to try to do is find a case where she came later and had no involvement. you want nine justices. they don